98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4596

 

Introduced , by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5A-2  from Ch. 23, par. 5A-2
305 ILCS 5/5A-14

    Amends the Hospital Provider Funding Article of the Illinois Public Aid Code. Removes provisions providing that certain hospital assessments and disbursements shall be repealed on January 1, 2015. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Sections 5A-2 and 5A-14 as follows:
 
6    (305 ILCS 5/5A-2)  (from Ch. 23, par. 5A-2)
7    (Section scheduled to be repealed on January 1, 2015)
8    Sec. 5A-2. Assessment.
9    (a) Subject to Sections 5A-3 and 5A-10, for State fiscal
10years 2009 through 2014, and from July 1, 2014 through December
1131, 2014, an annual assessment on inpatient services is imposed
12on each hospital provider in an amount equal to $218.38
13multiplied by the difference of the hospital's occupied bed
14days less the hospital's Medicare bed days.
15    A For State fiscal years 2009 through 2014, and after a
16hospital's occupied bed days and Medicare bed days shall be
17determined using the most recent data available from each
18hospital's 2005 Medicare cost report as contained in the
19Healthcare Cost Report Information System file, for the quarter
20ending on December 31, 2006, without regard to any subsequent
21adjustments or changes to such data. If a hospital's 2005
22Medicare cost report is not contained in the Healthcare Cost
23Report Information System, then the Illinois Department may

 

 

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1obtain the hospital provider's occupied bed days and Medicare
2bed days from any source available, including, but not limited
3to, records maintained by the hospital provider, which may be
4inspected at all times during business hours of the day by the
5Illinois Department or its duly authorized agents and
6employees.
7    (b) (Blank).
8    (b-5) Subject to Sections 5A-3 and 5A-10, for the portion
9of State fiscal year 2012, beginning June 10, 2012 through June
1030, 2012, and for State fiscal years 2013 through 2014, and
11July 1, 2014 through December 31, 2014, an annual assessment on
12outpatient services is imposed on each hospital provider in an
13amount equal to .008766 multiplied by the hospital's outpatient
14gross revenue. For the period beginning June 10, 2012 through
15June 30, 2012, the annual assessment on outpatient services
16shall be prorated by multiplying the assessment amount by a
17fraction, the numerator of which is 21 days and the denominator
18of which is 365 days.
19    A For the portion of State fiscal year 2012, beginning June
2010, 2012 through June 30, 2012, and State fiscal years 2013
21through 2014, and July 1, 2014 through December 31, 2014, a
22hospital's outpatient gross revenue shall be determined using
23the most recent data available from each hospital's 2009
24Medicare cost report as contained in the Healthcare Cost Report
25Information System file, for the quarter ending on June 30,
262011, without regard to any subsequent adjustments or changes

 

 

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1to such data. If a hospital's 2009 Medicare cost report is not
2contained in the Healthcare Cost Report Information System,
3then the Department may obtain the hospital provider's
4outpatient gross revenue from any source available, including,
5but not limited to, records maintained by the hospital
6provider, which may be inspected at all times during business
7hours of the day by the Department or its duly authorized
8agents and employees.
9    (c) (Blank).
10    (d) Notwithstanding any of the other provisions of this
11Section, the Department is authorized to adopt rules to reduce
12the rate of any annual assessment imposed under this Section,
13as authorized by Section 5-46.2 of the Illinois Administrative
14Procedure Act.
15    (e) Notwithstanding any other provision of this Section,
16any plan providing for an assessment on a hospital provider as
17a permissible tax under Title XIX of the federal Social
18Security Act and Medicaid-eligible payments to hospital
19providers from the revenues derived from that assessment shall
20be reviewed by the Illinois Department of Healthcare and Family
21Services, as the Single State Medicaid Agency required by
22federal law, to determine whether those assessments and
23hospital provider payments meet federal Medicaid standards. If
24the Department determines that the elements of the plan may
25meet federal Medicaid standards and a related State Medicaid
26Plan Amendment is prepared in a manner and form suitable for

 

 

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1submission, that State Plan Amendment shall be submitted in a
2timely manner for review by the Centers for Medicare and
3Medicaid Services of the United States Department of Health and
4Human Services and subject to approval by the Centers for
5Medicare and Medicaid Services of the United States Department
6of Health and Human Services. No such plan shall become
7effective without approval by the Illinois General Assembly by
8the enactment into law of related legislation. Notwithstanding
9any other provision of this Section, the Department is
10authorized to adopt rules to reduce the rate of any annual
11assessment imposed under this Section. Any such rules may be
12adopted by the Department under Section 5-50 of the Illinois
13Administrative Procedure Act.
14(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;
1598-104, eff. 7-22-13.)
 
16    (305 ILCS 5/5A-14)
17    Sec. 5A-14. Repeal of assessments and disbursements.
18    (a) (Blank) Section 5A-2 is repealed on January 1, 2015.
19    (b) Section 5A-12 is repealed on July 1, 2005.
20    (c) Section 5A-12.1 is repealed on July 1, 2008.
21    (d) (Blank) Section 5A-12.2 and Section 5A-12.4 are
22repealed on January 1, 2015.
23    (e) Section 5A-12.3 is repealed on July 1, 2011.
24(Source: P.A. 96-821, eff. 11-20-09; 96-1530, eff. 2-16-11;
2597-688, eff. 6-14-12; 97-689, eff. 6-14-12.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.